1. The instant appeal is filed against the order of the Forum, Yavamal, granting the complaint and directing the OP Nos. 1 and 2 to repair the telephone of the complainant. Also cancelling all the bills during the period of complaints and direction the OP Nos. 1 and 2 individually and severely to pay Rs. 5,000/- to the complainant for physical and mental harassment with Rs. 1,500/- as cost of the complaint. The above order to be executed in the span of 30 days from the date of the receipt of the order or the complainant shall be able to recover the amount with the interest at the rate of 18 percent.  Also directed the General Manager, Telecom, Vidarbha Area to conduct enquiry into the lethargy and carelessness of the officer responsible and recover the amount from their remuneration.
2. The brief facts of the complaint that the complainant resident of Village Hiwara filed the complaint that his telephone is out of order from 4/9/98 and he made repeated complaints but repeated complaints to OP Nos. 1 and 2 but no response was given to him. Hence he filed the complaint against OP Nos. 1 and 2 before the Forum.
3. On notice OP Nos. 1 and 2 appeared and countered the complaint stating it to be falls. The OP submitted that the telephone of the complainant was disconnected for nonpayment of telephone bill from 4/9/1998. The OP also filed the meter card showing the telephone to be running and claim that they have not received any complaint sent by the complainant. The OP claim that the complainant has a habit of making false complaint and that  he cannot telephone or STD from his village. It is with the intention to save from not filing the telephone bill to the OP. The OP Nos. 1 and 2 therefore requested for dismissal of the complaint.
4. The Forum considered the contentions of both the parties and held that the complainant has been making complaint to various authority of OP Nos. 1 and 2 from 4/9/1998 till 26/2/1999 and had filed the acknowledgments also. If he was getting the uninterrupted service, he would not have filed the complaint. The OP Nos. 1 and 2 did not file any evidence of the action, taken on the complaints or the appropriate reply to complainant. Therefore the Forum granted the complaint and passed order supra.
5. Aggrieved against the order is the appeal before us by OP Nos. 1 and 2 and hence are referred as appellant Nos. 1 and 2 and the original complainant is referred as respondent.  The appellant filed Written notes of arguments and the advocate requested to treat him heard . The respondent did not file written notes of arguments and was declared exparte. We perused the record of the appeal.
6. The appellant submitted that the Forum did not appreciate the contentions and the meter card filed by the appellant and cancelled the telephone bills of the telephone when the respondent had used the telephone. The Forum passed the order on the presumption that the telephone connection is disconnected and granted the compensation and cost without any evidence. Also directed the department of OP to conduct the enquiry to fix the responsibility thereby exceeding the authority of perview holding total ignorance of the documents filed by the appellant. Thus, claimed the order to be unreasonable. Hence deserved setting it aside.
7. We perused the documents. There is no meter card of the telephone on record. We perused the report filed by appellant No. 2 before the learned Forum in which the appellant has submitted that the telephone was reconnected from 23/8/1998 and is smoothly operating. The appellant has also recorded the submission of meter reading card for the period 25/8/1998 to 25/5/1999 in the report. The appellant No. 2 has submitted that they have not received any complaint of the respondent  dated 4/9/1998, 19/11/1998,1/12/1998,4/1/1999 and 4/2/1999. We also find that the complaint makes a general complaint of non working of telephone but does not contend as to from which day, the telephone has not been working. The complaint also does not specify the number with exact amount of the telephone bill received by him and only makes a request to cancel the bills from 4/9/1998.
8. This clearly show that the Forum has passed the order on the presumption that the telephone of the respondent was not working and granted the compensation and cost without evaluation of the facts placed by the appellant. The respondent though appeared in the appeal filed no argument to clarify his contentions. The learned Forum also directed the department of the appellant to conduct the enquiry into lethargy and carelessness without coming to any specific conclusion. Thus,  we find the order to have been passed on presumptions only  and hence deserves setting it aside.
9. Thus on the background of the reason above, we find ourselves fully justiable in setting aside the impugned order and allow the appeal. We find no reason to provide cost or compensation to appellant and hence pass the order as below.

ORDER

1. The appeal is allowed.
2. The impugned order of the Forum is set aside. In the event the complaint stands dismissed.
3. Parties to bear their own cost.
4. Free copies of order be sent to both the parties.

Order Dated 5/03/2015